Kerala High Court
Sai Krishnan vs Abdul Nazar K.K on 3 February, 2025
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OPC 2145 and 2143/24
2025:KER:8831
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946
OP(C) NO. 2145 OF 2024
OS NO.41 OF 2020 OF ASSISTANT SESSIONS COURT/SUB COURT /
COMMERCIAL COURT (KALPETTA), SULTHANBATHERY
PETITIONER/S:
1 SAI KRISHNAN, AGED 53 YEARS
S/O LATE SUBRAHMANIA IYYER, ADVOCATE, 'SAI ESTATE',
EDAPETTY, KALPETTA NORTH P.O., MUTTIL NORTH AMSOM AND
DESOM, VYTHIRI TALUK, WAYANAD DIST., PIN - 673122
2 SAI JYOTHI, AGED 47 YEARS
W/O SAI KRISHNAN,'SAI ESTATE', EDAPETTY, KALPETTA NORTH
P.O., MUTTIL NORTH AMSOM AND DESOM, VYTHIRI TALUK,
WAYANAD DIST., PIN - 673122
BY ADV CELINE JOSEPH
RESPONDENT/S:
ABDUL NAZAR K.K, AGED 60 YEARS
S/O ANDHRU, BUSINESS KIZHAKKAYIL HOUSE, KAMBLAKKAD P.O.,
KANIYAMBETTA AMSOM DESOM, VYTHIRI TALUK, WAYANAD
DISTRICT., PIN - 673122
BY ADVS.HARISANKAR.K.V.
K.J.VIJAYAKUMAR(K/36/1996)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26.9.2024, ALONG
WITH OP(C).2143/2024, THE COURT ON 3.2.2025 DELIVERED THE FOLLOWING:
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OPC 2145 and 2143/24
2025:KER:8831
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946
OP(C) NO. 2143 OF 2024
EP NO.55 OF 2022 OF ASSISTANT SESSIONS COURT/SUB COURT / COMMERCIAL
COURT (KALPETTA), SULTHANBATHERY ARISING OUT OF THE ORDER/JUDGMENT DATED
IN OS NO.47 OF 2019 OF ASSISTANT SESSIONS COURT/SUB COURT / COMMERCIAL
COURT (KALPETTA), SULTHANBATHERY
PETITIONER/S:
SAI KRISHNAN, AGED 53 YEARS
S/O LATE SUBRAHMANIA IYYER, ADVOCATE,'SAI ESTATE',
EDAPETTY, KALPETTA NORTH P.O., MUTTIL NORTH AMSOM AND
DESOM, VYTHIRI TALUK, WAYANAD DIST., PIN - 673122
BY ADV CELINE JOSEPH
RESPONDENT/S:
1 ABDUL NAZAR K.K, AGED 60 YEARS
S/O ANDHRU, BUSINESS KIZHAKKAYIL HOUSE, KAMBLAKKAD P.O.,
KANIYAMBETTA AMSOM DESOM, VYTHIRI TALUK, WAYANAD
DISTRICT., PIN - 673122
2 P.K.MAHJOOR, AGED 46 YEARS
S/O MAMMU HAJI PARAKKANDI HOUSE, KAVUMMANNAM POST,
KAVUMMANNAM AMSOM AND DESOM, VYTHIRI TALUK, WAYANAD
DISTRICT., PIN - 673122
BY ADVS. HARISANKAR.K.V.
K.J.VIJAYAKUMAR(K/36/1996)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26.9.2024, ALONG
WITH OP(C).2145/2024, THE COURT ON 3.2.2025 DELIVERED THE FOLLOWING:
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OPC 2145 and 2143/24
2025:KER:8831
JUDGMENT
(Dated this the 3rd day of February 2025)
[OP(C) Nos.2145/2024 and 2143/2024]
The petitioners in O.P.(C) No.2145 of 2024
are the judgment debtors in E.P.No.56 of 2022 in
O.S.No.41 of 2020 and the petitioner in O.P.©
No.2143 of 2024 is the judgment debtor in
E.P.No.55 of 2022 in O.S.No.47 of 2019 on the
files of Sub Court, Sulthan Bathery.
2. The suits were filed by the respondents
for specific performance or in the alternative, for
refund of part consideration amount. The matter
was subsequently settled in mediation and
agreements were signed by the parties. The suits
were decreed in terms of agreement entered into by
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the parties. Due to financial difficulties, the
petitioners could not p a y o f f t h e l i a b i l i t y i n
time as per the mediation agreement and the
respondents proceeded against the petitioners.
Even though the petitioners challenged the
proclamation of sale produced by the respondents
in execution proceedings, proclamation and sale of
immovable property was ordered by the Sub Judge.
In the said circumstances, the petitioners filed these
O.P.(C)s with the following prayers:
"(i) to call for the records leading to Exhibit P-2,
P-3 & P5 and to set aside the execution
proceedings pursuant to the same;
(ii) to direct the court below to reconsider the
request of the petitioner to grant opportunity for
affordable installment payment for clearing the
dues."
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3. The learned counsel for the petitioners
seeks indulgence of this Court to grant instalments
to wipe out the liability.
4. The counsel for the respondents, on
instructions, submits that the outstanding
amount i n E . P . N o . 5 6 o f 2 0 2 2 comes to
Rs.43,74,000/- and in E.P.No.55 of 2022 it is
Rs.37,96,000/-, thus the total outstanding
amount is Rs.81,70,000/-.
Having heard the counsel for the petitioners
as well as the Counsel for the respondents, I deem
it appropriate to dispose of the Original Petitions as
follows:
i) The petitioners shall pay the remaining outstanding
amount of Rs.81,70,000/- (Rupees eighty one
lakh and seventy thousand only) in 15 equal
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monthly instalments.
(ii) The first instalment is to be paid on or before
05.03.2025 and the remaining 14 instalments on
or before the 5th day of each succeeding month.
(iii) In case of failure to make payment of any of the
instalments as directed above, the Execution
court shall proceed against the petitioners in
accordance with the law to realize its dues.
(iv) Till such time, all execution proceedings shall be
deferred.
Sd/- BASANT BALAJI
JUDGE
dl/
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APPENDIX OF OP(C) 2143/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 30.07.2021 IN
OS NO.47/2019 OF THE SUB COURT, SULTHAN
BATHERY.
Exhibit P2 A TRUE COPY OF THE PETITION IN E.P.NO.55/2022
IN O.S. NO.47/2019 OF THE SUB COURT, SULTHAN
BATHERY, DATED 08.12.2022
Exhibit P3 TRUE COPY OF THE ORDER IN EA166/24 IN
E.P.NO.55/2022 IN O.S. NO.47/2019 OF THE SUB
COURT, SULTHAN BATHERY, DATED 11.07.2024
Exhibit P4 TRUE COPY OF THE AFFIDAVIT AND PETITION
SEEKING INSTALLMENT FACILITY TO PAY OF THE
ENTIRE DEBT BY MONTHLY INSTALLMENTS DATED
01.07.2024
Exhibit P5 TRUE COPY OF FORM NO.58 (RULE 329) THE
PROCLAMATION OF SALE OF IMMOVABLE PROPERTY,
DATED NIL
Exhibit P6 TRUE COPY OF THE COUNTER STATEMENT TO THE
DRAFT PROCLAMATION SALE PRODUCED BY THE
RESPONDENT DATED 30.11.2023
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APPENDIX OF OP(C) 2145/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 30.07.2021 IN
OS NO.41/2020 OF THE SUB COURT, SULTHAN
BATHERY
Exhibit P2 A TRUE COPY OF THE PETITION IN E.P.NO.56/2022
IN O.S.NO.41/2020 OF THE SUB COURT, SULTHAN
BATHERY. DATED 08/12/2022
Exhibit P3 TRUE COPY OF THE ORDER DATED 17.08.2024 IN
E.P.NO.56/2022 IN O.S.NO.41/2020 OF THE SUB
COURT, SULTHAN BATHERY
Exhibit P4 TRUE COPY OF THE AFFIDAVIT AND PETITION
SEEKING INSTALLMENT FACILITY TO PAY OF THE
ENTIRE DEBT BY MONTHLY INSTALLMENTS AT THE
RATE OF 2,50,000/- IN EACH EXECUTION PETITION
E.P.NO.55/2022 AND 56/2022 DATED 01/07/2024
Exhibit P5 A TRUE COPY OF FORM NO.58 (RULE 329) THE
PROCLAMATION OF SALE OF IMMOVABLE PROPERTY
DATED 06.09.2024
Exhibit P6 TRUE COPY OF THE COUNTER STATEMENT FILED BY
THE PETITIONERS TO THE DSP PRODUCED BY THE
RESPONDENTS HEREIN DATED 17/08/2024
